Current Legal News

Stay current with legal news in Tennessee. This page features the latest news for and about the Tennessee legal community, either produced by the Tennessee Bar Association or collected from news sources.

Widower Wayne Reed filed a lawsuit against the Saint Thomas Outpatient Neurosurgery Center and its owners after his wife died in last year’s meningitis outbreak from tainted injections she received at the clinic. The Nashville Ledger reports that the lawsuit also challenges caps on medical malpractice awards in a new state law, and seeks $12.5 million in compulsory damages. Reed is disabled and the suit claims his wife was his primary caregiver.

In the February Tennessee Bar Journal, James M. Davis covers the effects updates to the TCPA had on relief available to consumers and businesses. Steven W. Feldman analyzes employee handbooks and makes the distinction between employee contractual rights and workplace policies. Columnists cover differences in state and federal pleading standards, demonstrative evidence and long-term care planning.

Angela Joy Hopson of Jackson was suspended from the practice of law on Jan. 30 for one year; however, the entire suspension is probated subject to certain conditions. Hopson must engage a practice monitor for the period of her probation, comply with the Tennessee Lawyers Assistance Programs and pay the Board of Professional Responsibility’s costs and expenses within 90 days. In the first complaint, Hopson failed to properly communicate with her client. In the second, she was found in contempt for her failure to file a timely brief and to follow the prior orders of the court regarding the filing of a status report. Download the BPR notice.

Johnna Bailey began working as immigration attorney for the Community Legal Center (CLC) in January, an ideal job for her given her nonprofit background. “It’s what I dreamed of returning to after law school,” she told the Memphis Daily News. After college, Bailey worked as a program coordinator for the family literacy program at a refugee resettlement agency in Chicago. That inspired her to go to law school where she then served as an associate in a private immigration group. Now at the CLC, Bailey represents clients and trains lawyers to take on pro bono immigration cases. She said the Memphis legal community has been willing and eager to help when called.

Knoxville attorney A. Thomas Monceret died yesterday (Jan. 30) after a brief illness at the age of 66. A graduate of the University of Tennessee College of Law, Monceret was a United States Marine Corps veteran who served in the Vietnam War. Visitation will be Friday from 10 a.m. to 2 p.m. at Greenhill Funeral Home, with the funeral to follow at 2 p.m.

U.S. District Judge Sarah Vance of New Orleans approved a plea deal in which BP agreed to pay $4 billion to resolve criminal charges regarding the 2010 Gulf Coast oil spill, despite emotional testimony and letters from dozens of people who objected to the deal. The guilty plea includes 11 counts of manslaughter for the deaths of several workers. The ABA Journal reports that BP still may face pollution fines of up to $21 billion as litigation continues over whether spilled oil collected in the cleanup efforts should count toward the barrel count used to assess Clean Water Act fines.

Law school applications have decreased 20 percent from last year and 38 percent from 2010, due in part to increased concerns over soaring tuition, student loan debt, and diminishing employment prospects upon graduation, the New York Times reports. The number of students matriculating in 2013 is estimated to be about 378,000, the lowest since 1977. Faced with such declining numbers, many law schools are planning cutbacks, staff layoffs and buyouts, and accepting students who before they would not have admitted.

Plaintiff motorist was seriously injured when a padlock was hurled from beneath a lawn mower operated by a City of Memphis Parks Services employee and through the window of her vehicle, striking her in the head and resulting in the loss of her left eye. The motorist and her husband filed an action for damages against the City, which was adjudicated pursuant to the Governmental Tort Liability Act. The trial court entered judgment in favor of Plaintiffs, and the City appeals. We affirm.

Fred V. Wilson and his wife, Anna R. Wilson, were the initial plaintiffs. They filed suit against Monroe County and the City of Sweetwater alleging that the amputation of Mrs. Wilson’s left leg was proximately caused by the negligence of those responding to an emergency call to her home. Mrs. Wilson died before trial and the case proceeded with her husband as the sole plaintiff, individually and in a representative capacity. At a bench trial, the court found that the injury to Mrs. Wilson’s left foot occurred during the ambulance ride from the Wilsons’ home to the hospital emergency room. It further found that the injury, which did not heal, necessitated the amputation of her leg. The court entered judgment against Monroe County. The claims against Sweetwater were dismissed. Monroe County appeals. The plaintiff, by way of a separate issue, challenges the sufficiency of the court’s award of damages. We affirm.

This is a case alleging negligence by defendant, Mountain States Health Alliance, which resulted in injury to a patient, Ruby Williams. Ms. Williams fell off a table while she was undergoing myocardial perfusion imaging, also known as a nuclear stress test. Mountain States Health Alliance asserted that Ms. Williams’s complaint sounded in medical malpractice instead of ordinary negligence, and asked for summary judgment because Ms. Williams had not complied with the filing requirements of the medical malpractice statute. The trial court granted summary judgment, finding that the case involved a medical malpractice claim rather than an ordinary negligence claim. Ms. Williams’s Estate appeals. We affirm the trial court’s ruling.

Plaintiff filed this action against the instructor of a motorcycle safety course and his employer for injuries she sustained when she drove off of the designated course site and collided with a parked pickup truck. The trial court found that the plaintiff’s negligence claims were barred because she signed a valid written waiver/release from liability document prior to starting the course. The trial court also dismissed the plaintiff’s gross negligence claims, finding there was nothing in the record which would allow a reasonable juror to conclude the defendant exercised a conscious neglect of duty or a callous indifference to consequences. We affirm.

American Bar Association YLD -- Those interested in applying for a 2013-2014 ABA YLD leadership appointment should submit their application by Feb. 15. In addition, affiliates have until March 1 to submit applications for the ABA YLD subgrant program, which provides funding for activities that benefit the local organization's communities, leaders or members.

The ABA YLD's next meeting will take place Feb. 7-9 at the Hilton Anatole Hotel in Dallas. This year's meeting agenda includes a New Partner Workshop, which will feature a nationally known law firm marketing expert and a day of interactive learning and networking to help new partners, aspiring partners and attorneys who have launched their own firms prepare for their new roles. For information about the ABA YLD or to get involved contact Matt Potempa at matt@potempafirm.com or (615) 255-5007.

The following Wills for Heroes events have been scheduled across the state. Please contact the event organizer for more details or to volunteer. To get involved in the Wills for Heroes Committee or to request a clinic in your area, please contact committee chair Bradley Carter at bcarter@runyonandrunyon.com. Learn more about the Wills for Heroes program.

TBA YLD District 11 Representative Shauna Billingsley was recognized for her district's public service project "Badges with Bears" with a story in The Tennessean. The project collected donated stuffed bears for Franklin police to use to calm and comfort children they encounter at accident scenes or domestic disturbances. Commenting on the donation, Billingsley said, "Things like car crashes or family fights can be extremely frightening to young children. Helping police connect with them during times of trouble is something we felt compelled to help with. Many of us are parents and agreed that helping to make our children more comfortable with our police force is important."

Young lawyers in Chattanooga were recognized in an article in The Hamilton County Herald for creating a children’s area at the juvenile court building. The effort was a result of a partnership between the Chattanooga YLD, TBA YLD, Green Form Construction, the local CASA program and Juvenile Court Judge Suzanne Bailey. The area will provide a quiet and comforting place for children to wait while their parents are in court or they prepare to give testimony. Books for the area were donated by the United Way of Greater Chattanooga and Dolly Parton’s Imagination Library.

A school in Coffee County (Mock Trial District 3) has contacted the TBA seeking a coach to help its new mock trial team. Anyone willing to provide assistance to this team should contact Mock Trial Committee Chair Troy Weston at tweston@ebtlaw.com. The team needs to be ready to compete in its local contest on Feb. 23.

Local mock trial competitions will take place throughout the month of February with the first one scheduled for this Saturday. To get involved in a local competition contact the appropriate coordinator listed below. Get additional contact information online.

The 2013 State High School Mock Trial Competition will take place March 15-16 at the Metro Courthouse in Nashville. This annual competition brings students together from across the state to test their advocacy skills. The 2013 case presents the prosecution of Cameron Paul for the first-degree murder of Thor Brush. The competition also presents an opportunity for young lawyers to network with other young practitioners from across the state, as well as members of the state and federal judiciary. Reimbursement for meals and mileage is available. Also, for individuals willing to judge at least one round on Friday and one round on Saturday (and residing outside of Davidson County), the TBA will provide lodging on Friday night at the downtown DoubleTree Hotel. The competition needs lots of volunteers to run smoothly! Sitting judges in Tennessee may volunteer to serve as presiding judges of trial rounds, lawyers may serve as scorers, and law students and legal staff may serve as bailiffs. Those who want to volunteer should download the appropriate form and submit it to Mock Trial Chair Troy Weston at tweston@ebtlaw.com.